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Juliana Deguis Pierre | |
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Born | |
Nationality | Haitian (1984–present) Dominican (2014–present) |
Occupation | Housemaid |
Known for | Ruling 168 |
Children | 4 |
Parents |
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Juliana Deguis Pierre (born April 1, 1984) is a Haitian-Dominican woman, who was the plaintiff in the landmark Dominican lawsuit against the civil registry authority of the Dominican Republic which in 2013 ruled that people born to illegal parents never had any right to the Dominican nationality by birth. [1] Deguis applied to the Special Naturalization Amnesty (Law 169-14) and on August 1, 2014 she acquired the Dominican nationality. [2]
Juliana Dequis Pierre was born in the Dominican Republic in the batey of Los Jovillos, [3] municipality of Yamasá, Monte Plata province, on 1 April 1984 to a Haitian father (Blanco Deguis) and mother (Marie Pierre) who settled in the Dominican Republic in the 1970s. [3] [4]
In 2008, she went to the identification office with her birth certificate to request a Cédula de Identidad y Electoral , an Identification card. That ID card also serves as voter.s registration card. The officers seized her birth certificate and refused to issue her the requested document. The reason given for the rejection was that she had Haitian surnames. She appealed before the Civil and Commercial Court of the First Instance of the Judicial District of Monte Plata. She was rejected. The court justified rejecting her appeal on the basis that she did not supply the original version of her birth certificate but provided photocopies instead. She then appealed to the highest judicial instance in the Dominican Republic. The Constitutional Court. [5]
The Constitutional Court acknowledged that the proper venue for her appeal should have been the administrative grievances court but decided to hear the case anyway for the sake of |expediency". That court also denied her case but, in addition, recommended dramatic actions to be taken with regards to the status of all individuals who fit her profile in the country. The decision was issued in a 147-page document which contained the two dissenting votes from the 13-member body. The decision can be summarized in 10 points as follows: [6] [7]
www.the-sentence.weebly.com
The Dominican Republic is a representative democracy, where the president of the Dominican Republic functions as both the head of the government and head of the multi-party system. Executive power is exercised by the government. Legislative power is vested in the bicameral National Congress. The Judiciary is independent of the executive and the legislature.
United States v. Wong Kim Ark, 169 U.S. 649 (1898), was a landmark decision of the U.S. Supreme Court which held that "a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China", automatically became a U.S. citizen at birth. This decision established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment to the Constitution.
The Dominican Republic is divided into thirty-one provincias, while the national capital, Santo Domingo, is contained within its own Distrito Nacional.
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. It is housed in the Palais-Royal in Paris. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the president of the republic, or passed by the government as a decree, which has law status in many domains, a right granted to the government under delegation of Parliament.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.
Solange Pierre, known as Sonia Pierre, was a human rights advocate in the Dominican Republic who worked to end antihaitianismo, which is discrimination against individuals of Haitian origin either born in Haiti or in the Dominican Republic. For this work, she won the 2006 Robert F. Kennedy Human Rights Award.
Manuel de Jesús María Ulpiano Troncoso de la Concha was an intellectual and President of the Dominican Republic from 1940 until 1942. Prior to ascending to the presidency, he was vice-president from 1938 to 1940. His term began upon the death of President Jacinto Peynado. He also served in 1911 during the reign of the Council of Secretaries.
Ana Rita Contreras Sosa, also known as Dominicana Prestigiosa is a Dominican architecture and beauty pageant titleholder.
The Miss República Dominicana 2010 was celebrated on April 17, 2010 at the Teatro La Fiesta, Hotel Jaragua in Santo Domingo.
Ulises Hilarión Heureaux Leibert nicknamed Lilís, was president of the Dominican Republic from September 1, 1882 to September 1, 1884, from January 6, 1887 to February 27, 1889 and again from April 30, 1889 maintaining power between his terms until his assassination by Ramón Cáceres.
The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.
Yamataya v. Fisher, 189 U.S. 86 (1903), popularly known as the Japanese Immigrant Case, is a Supreme Court of the United States case about the federal government's power to exclude and deport certain classes of alien immigrants under the Immigration Act of 1891. The Supreme Court held that the courts may not interfere with a pending deportation unless the administrative hearing was unfair. However, deportation procedures are subject to constitutional scrutiny, under the Due Process Clause.
The judiciary is one of the three branches of state that make up the government of the Dominican Republic. Its function is to administer justice, free of charge, to settle disputes between individuals or corporations, private or public, in every type of process, judgment and execution of judgment. They exercise for the courts, including the Supreme Court of the Dominican Republic, and tribunals established by the Constitution and the law.
The Supreme Court of the Dominican Republic is the highest court existing in the Republic and is, therefore, the head of the judiciary in the country.
The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and law without precedent. It further determines the rules of procedure for lower courts, and its members sit on electoral tribunals.
María Emilia Casas Baamonde is a Spanish jurist. She was the country's first woman Professor of Labor and Social Security Law. In 1998, she joined the Constitutional Court of Spain, becoming the youngest member in the history of the institution. In 2004, she was the Constitutional Court's first woman president, and she continued in that role until 2011. During her presidency, progress was made in anti-discrimination and equality law.
Human rights in the Dominican Republic constitute the civil and political rights and freedoms legally protected under the Constitution of the Dominican Republic and enforced by the government through common and statutory law. The majority of human rights disputes are presided over by the highest court of constitutional appeal, the Dominican Constitutional Tribunal. These rights and freedoms have developed over time in accordance with the Dominican Republic's expansion from the former Spanish colony of the Captaincy General of Santo Domingo to its modern state formation. The history of human rights in the state have also been marked by the oscillation between democratic administrations, such as the current presidency of Danilo Medina, and authoritarian administrations, most significantly the dictatorial regime of Rafael Trujillo between 16 August 1930 and 16 August 1938. As a member of the Organization of American States and the United Nations, the Dominican Republic is party to myriad legal treaties and covenants which propagate the human rights standards of the international community and have integrated the majority of these human rights directives into their domestic legislation.
Dominican Republic nationality law is regulated by the 2015 Constitution, Law 1683 of 1948, the 2014 Naturalization Law #169-14, and relevant treaties to which the Dominican Republic is a signatory. These laws determine who is, or is eligible to be, a citizen of the Dominican Republic. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Nationality in the Dominican Republic is typically obtained either on the principle of jus soli, i.e. by birth in the Dominican Republic; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Dominican nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization or for a foreigner who has provided exceptional service to the nation.